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NEW 110 CIPRIANI UNITS, LLC v. BOARD OF MANAGERS OF 110 E 42ND ST. CONDOMINIUM

7727. 652595/18.

166 A.D.3d 550 (2018)

87 N.Y.S.3d 3

2018 NY Slip Op 08096

New 110 Cipriani Units, LLC, Appellant, v. Board of Managers of 110 E 42nd Street Condominium et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided November 27, 2018.

The court properly considered plaintiff's motion pursuant to CPLR 6301 for a preliminary injunction as an application pursuant to CPLR 503 to stay arbitration, since plaintiff's primary purpose was to avoid arbitration (Board of Educ. of City School Dist. of City of Lockport v Lockport Educ. Assn., 64 A.D.2d 1027 [4th Dept 1978]; see also CPLR 103 [c] ["Improper form"]).

Contrary to plaintiff's contention, its claims...

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